Norman Hay v Marsh Ltd

06/02/25

The Court of Appeal have clarified the law on loss of a chance in professional negligence cases generally and insurance brokers cases particularly.  The issue is not what the insurer could have done according to its rights in insurance law, but on whether in all the circumstances it would have made payment, even if not strictly obliged to do so.

For the full note written by Dan Stacey, please see below.